REGULAR MEETING
July 12, 1965
The Regular Meeting of City Council was held Monday, July 12, 1965 at 7:30 P.M. with Mayor Carroll presiding. Councilmen present were Messrs. Biggs, Harris, Hayes, Holpp, Hughes, Massey, Smith and Walls.
MINUTES
Minutes of the meeting of June 28, 1965 were accepted and bore the written approval of Mayor Carroll.
REPORTS
Report of the Chief of Police was accepted as read.
Report of Alderman Cavanaugh was accepted. Checks in the amounts of $887.80, $200.00 and $59.50 were remitted to the City. Report of Magistrate Knotts was accepted. A check in the amount of $833.50 was remitted to the City.
Report of the Fire Marshal and Building Inspector was accepted.
Report of the Board of Health was accepted.
Report of Cash Receipts, General Fund, was accepted.
Budget Report, General Fund, was accepted.
Cash Report, Electric Revenue Fund, was accepted.
Cash Report, Electric Improvement Fund, was accepted.
Report of the City Manager was accepted.
TOMLINSON BUILDING
Oscar R. Tomlinson requested permission to move a building from Webbs Lane and New Burton Road and relocate it on his property at 163 N. Halsey Road. The building is 8½’ x 18' x 18'. A public hearing is required prior to Council granting permission. The City Clerk will notify property owners within 250 feet. On motion of Mr. Harris, seconded by Mr. Walls, the hearing is set for July 26, 1965 at 8:30 P.M.
UTILITY COMMITTEE
Councilman Holpp submitted a written report of a Utility Committee meeting held July 6, 1965. Council accepted the report.
WATER TAPS
Palmer Chappelle, 1305 S. Governors Avenue, and the Sun Oil Company, South Governors Avenue, located outside City limits, requested permission to tap the water line which is extended to Rodney Village. The Utility Committee recommended that the requests be denied. On motion of Mr. Hayes, seconded by Mr. Massey, Council denied the requests.
BISHOFF WELL
Dr. Rhoslyne Bishoff has requested permission to drive a shallow well to irrigate lawn and plants on his property at Park Drive and Division Street. The Utility Committee considered the request and was of the opinion that if the well was less than 150 feet in depth, Dr. Bishoff could have it driven. The Building Inspector noted a provision in the Sanitary Plumbing Code of the State of Delaware which required written permission from the State Board of Health for private water supply on premises accessible to a public water supply. Dr. Bishoff has been notified of this requirement.
ANNEXATION
Emilio Capaldi and his representatives asked Council for a decision on whether the area approved for annexation in the referendum held June 12, 1965 would be brought into the City. The decision of Council will affect his planning for development of a large tract in the area. On of Council’s concerns is the present loading on its sewage treatment plant. The new addition is not fully operative and the Engineering Consultants, Albright & Friel, have stated that a period of six months or more would be required to make the determination. The Charter does not give a definite time limit on when Council could approve or reject annexation of an area following a favorable referendum. The City Solicitor noted that approval was given by the voters on the date of the referendum and a reasonable time thereafter would be the criterion. He did not believe six months would be accepted as a reasonable time. Councilman Hayes, seconded by Councilman Hughes, moved that annexation of the territory included in the referendum of June 12, 1965, be rejected. In the discussion, Mayor Carroll listed 15 points on why he believed the territory should be annexed. Included were planning and zoning, providing utilities, preventing pollution of Silver Lake, developing the local economy, the lack of guidance and control by other public agencies, and the responsibility of the City of Dover. Councilman Hughes objected to what he termed skulduggery, stating the question of annexation was not listed on the agenda although the Mayor has a prepared statement and that it was a decision for Council to make. Mayor Carroll replied that the matter had been tabled for a month and that the statement had been prepared when he noted a news article stating the annexation would be considered. On the question the motion was approved by vote of 5 to 2, with Messrs. Holpp and Smith voting ‘No’ and Mr. Harris not voting.
GAS COMPANY APPEAL
Chesapeake Utilities appealed to City Council from a decision of the Appeal Board of the Plumbing Code that its installations of gas lines from mains in public thoroughfares to its meters are subject to the provisions of the Plumbing Code of the City of Dover. A public hearing is required on the appeal. On motion of Mr. Hayes, seconded by Mr. Harris, a public hearing on the appeal will be held at the regular council meeting of July 26, 1965 at 8:40 P.M. and the matter was referred to the Plumbing Code Committee of Council for their recommendation.
TOWNE POINT SPEED
A petition was presented to Council from residents of the Towne Point development asking that the speed limit on streets within the development be reduced from 25 MPH to 15 MPH. On motion of Mr. Hayes, seconded by Mr. Biggs, the petition was referred to the Safety Advisory Committee. Councilman Hughes did not vote.
COCA COLA ALLEY
A letter from Dover Coca-Cola Bottling Company requested Council to close an alley opening on Lincoln Street and surrounded by property owned by that Company, and asking that the alley be sold to that company. A public hearing must be held prior to abandonment of a street or alley. On motion of Mr. Hayes, seconded by Mr. Walls, Council by unanimous vote adopted the following resolution:
A RESOLUTION PROPOSING THE VACATING AND ABANDONMENT OF A CERTAIN TWELVE FOOT ALLEY RUNNING 120 FEET SOUTH FROM LINCOLN STREET NEAR DOVER COCA COLA BOTTLING COMPANY.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DOVER IN COUNCIL MET:
1. The Council of The City of Dover favors the vacating and abandonment of a certain 12' alley running southward from Lincoln Street a distance of 120' and surrounded by lands of Dover Coca Cola Bottling Company.
2. The Council of The City of Dover will sit on Monday, August 9, 1965 at 8:00 P.M. at the City Hall to hear the objections of such residents of the City or owners of the property affected as shall attend, in accordance with the provisions of Section 27 of the Charter of The City of Dover (Chapter 158, Volume 36, Laws of Delaware).
3. The Clerk of Council is hereby directed to post copies of this resolution in five or more public places in the City of Dover and to publish the same in a newspaper published in the said City.
Adopted July 12, 1965
BISHOFF SIDEWALK
Council considered the request of Dr. Rhoslyn Bishoff to be excused from installation of sidewalks on his property located at Division Street and Park Drive. A resolution adopted by City Council June 26, 1961 requires that sidewalks be installed as a condition to issuance of building permits. On motion of Mr. Hayes, seconded by Mr. Harris, the request was tabled until the next meeting of Council to determine whether previous minutes of Council indicated that the motion was meant to apply only to residences.
HOLDEN AGREEMENT
City Manager Ward reported that agreement had been reached with William Holden on terms for use of temporary road beyond Bertrand Drive and the installation of improvements by him as required by the Land Subdivision Regulations and sewer and water extensions to be made at City expense. The City had received a low bid from Edgell Construction Company of $9100 for extension of sewer and water on Lincoln Street to Bertrand Drive. Mr. Ward asked Council to make the award to the low bidder. On motion of Mr. Holpp, seconded by Mr. Walls, award of the Contract to Edgell Construction Company was approved.
MEETING
City Manager Ward informed Council that a meeting would be held on July 16, 1965 at 10 A.M. in Room 118 of the Board of Health Building to which all the Council was invited. The meeting would concern the St. Jones River problems and would be attended by representatives of the Water Pollution Commission, HEW and the City of Dover, among others.
Council adjourned at 9:30 P.M.
City Clerk
All ordinances, orders and resolutions adopted by City Council at its meeting of July 12, 1965 are hereby approved.
Crawford J. Carroll
Mayor
July 13, 1965